The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant is not guilty of the facts. ① The Defendant did not borrow the money less than 6 No. 6 of the daily list of crimes attached to the original trial (hereinafter “the list of crimes attached to the original trial”) and there was no intention of defraudation since he did not deceive the victim, although the remaining number of years was borrowed, the Defendant did not deceiving the victim, and paid all of them.

It is difficult to see it.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, one year of suspended sentence, one year of community service, 80 hours) is too unreasonable.

2. Determination

A. 1) As to the assertion of fraud, fraud, which is a subjective element of fraud, should be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of performing transactions before and after the crime unless the Defendant confessions (see, e.g., Supreme Court Decisions 97Do2630, Jan. 20, 198; 2004Do3515, Dec. 10, 2004). The establishment of fraud through the deception of borrowed money shall be determined at the time of borrowing the money (see, e.g., Supreme Court Decision 97Do249, Apr. 11, 1997). 1) The facts and circumstances acknowledged by the court below in light of the above legal principles, and the following circumstances acknowledged by evidence duly adopted by the court below, i.e., whether the Defendant borrowed money from each of the sequence 18,000 won, and the Defendant’s assertion that some of the Defendant received money from the lender was insufficient in the direction of the loan.